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(영문) 서울서부지방법원 2018.09.19 2018고정571
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the E representative director of Mapo-gu Seoul Metropolitan Government building C, who runs software development business using five full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 3,68,581, including KRW 2016,82,82,00,000,000,000,000 from October 1, 2016 to September 30, 2017, and KRW 2,82,82,00,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,00

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 10,541,738 won, including F's retirement allowance of 6,66,670 won from October 1, 2016 to September 30, 2017 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, as described in the attached Form No. 2 and No. 3, as well as the total amount of 10,541,738 won, which is the total amount of 10,541,738 won, to each of the employees, as described in

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to the F and G statements;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. The Commercial Concurrent Crimes Act.

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